English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Subsidy Requirements
Art. 9 Principle
1 The Confederation shall pay subsidies to the cantons under Article 32e paragraphs 3 and 4 EPA for: a. the investigation, monitoring and remediation of polluted sites; b. the investigation, monitoring and remediation of polluted sites at shooting ranges; and c. the investigation of sites that are not found to be polluted. 2 It shall also pay subsidies for a clearly defined area of a polluted site if that area fulfils the requirements for a subsidy and further measures are not made more difficult or impossible.
Art. 10 Special subsidy requirements for investigation and monitoring measures
1 For measures for the investigation and monitoring of polluted sites, subsidies shall be paid only if: a. the measures were begun after 1 July 1997; b. an application for a subsidy for a measure carried out before 1 November 2006 is submitted to the FOEN by 31 December 2010. 2 If the person responsible for causing a polluted site cannot be identified or if he is unable to pay (Art. 32e para. 3 let. b no 1 EPA), subsidies shall be paid for investigation and monitoring measures: a. if the allowable investigation or monitoring costs amount to over 250 000 francs, provided a legally-binding ruling on the allocation of the costs is submitted; b. if the allowable investigation or monitoring costs amount to 250 000 francs or less, provided proper legal justification for the allocation of the costs is provided. 3 For measures for the investigation of sites that are not found to be polluted, subsidies shall be paid only if the investigations were begun after 1 November 2006.
Art. 11 Special subsidy requirements for remediation measures
1 The Confederation shall pay subsidies for remediation measures only if: a. the measures were begun after 1 July 1997; b. an application for a subsidy for a measure carried out before 1 November 2006 is submitted to the FOEN by 31 December 2010. 2 If the person responsible for causing a polluted site cannot be identified or if he is unable to pay (Art. 32e para. 3 let. b no 1 EPA), subsidies shall be paid for remediation measures: a. if the allowable remediation costs amount to over 250 000 francs, provided a legally-binding ruling on the allocation of the costs is submitted; b. if the allowable remediation costs amount to 250 000 francs or less, provided proper legal justification for the allocation of the costs is provided.
Section 2 Chargeable Costs
Art. 12 Chargeable costs in the case of sites not in need of remediation
1 In the case of sites not in need of remediation, the costs of the following measures are deemed to be chargeable investigation costs: a. establishing that a site is not polluted where that site is already entered in the Register or its entry in the Register is planned; b. the preliminary investigation of a site requiring investigation under Article 7 the Contaminated Sites Ordinance of 26 August 1998 (CSO). 2 In the case of sites not in need of remediation, the costs of the following measures under Article 13 paragraph 1 CSO are deemed to be chargeable monitoring costs: a. planning the monitoring measures; b. construction, operation, maintenance and dismantling of the monitoring equipment; c. sampling and analysis.
Para. 1 let. b — SR 814.680
Art. 13 Chargeable costs in the case of sites in need of remediation
In the case of sites in need of remediation, the costs of the following measures are deemed to be chargeable remediation costs: a. a preliminary investigation (Art. 7 CSO) and detailed investigation (Art. 14 CSO) as well as monitoring (Art. 13 para. 2 let. b CSO) in accordance with Article 12 paragraph 2; b. preparation of a remediation project (Art. 17 CSO); c. decontamination including disposal of waste (Art. 16 let. a CSO); d. construction, operation, maintenance and dismantling of installations and equipment for the long-term prevention and monitoring of the diffusion of environmentally hazardous substances (Art. 16 let. b CSO); e. proof that the remediation objectives have been achieved (Art. 19 para. 1 CSO).
let. a — SR 814.680
Section 3 Procedure
Art. 14 Consultation of the FOEN
1 The canton shall consult the FOEN before it orders an investigation, monitoring or remediation measure. 2 The FOEN need not be consulted in accordance with paragraph 1 if any one of the requirements of Article 16 paragraph 3 is fulfilled.
Art. 15 Application for a subsidy
The canton shall submit any application for a subsidy to the FOEN. This must contain: a. proof that the measures fulfil the requirements of Articles 9–11; b. the main principles and elements of the project; c. the official assessment of whether the measures are environmentally compatible and cost-effective and correspond to the state of the art; d. the probable costs of the measures and the probable chargeable costs; e. a copy of the ruling on the allocation of the costs or if applicable proper legal justification for the allocation of the costs if the person responsible cannot be identified or is unable to pay
Art. 16 Confirmation and payment of subsidy
1 If the requirements for the subsidy are fulfilled, the FOEN shall confirm that the subsidy will be paid within the scope of the available resources and shall indicate the probable amount of the subsidy. 2 It shall order that the subsidies be paid if: a. it has received a summary audited by the canton of the total of the chargeable costs of the measures actually incurred; b. the income from the charge covers the resources required. 3 If the implementation of the measures has begun before confirmation is issued, the FOEN may in application of Article 26 paragraph 3 second sentence of the Subsidies Act of 5 October 1990 grant a subsidy in particular if: a. the investigation, monitoring or remediation measure costs less than 250 000 francs; or b. new information comes to light during the implementation of structural measures or other measures under the CSO about the level of pollution at the site or about the costs of the measures required. 4 If the income from the charge does not cover
Para. 3 — SR 616.1 Para. 3 let. b — SR 814.680